Though almost all new desktop and laptop computers are sold with a pre-installed Windows operating system, Microsoft has consistently refused to refund the software's licensing costs to those customers who do not want to use the system. There is no transparency as to how much the user pays for the license, and how much for the hardware. For this reason, FSFE considers the class action taken by ADUC to be an important step towards achieving more clarity for consumers, and towards making it possible for computer buyers to return unused software licenses.

"This abuse has been going on for far too long", says Giacomo Poderi, Italian coordinator of the Free Software Foundation Europe. "Consumers are suffering from a lack of information, reimbursement procedures are mostly unclear or missing entirely, while hardware and software vendors are passing the buck when it comes to taking responsibility for this mess. As a result, consumers are being swindled out of what is due to them."

Carlo Piana, FSFE Legal Counsel and member of the lawyers' group representing ADUC stance in the class action, says:"It's time that consumers had a real choice. A working reimbursement mechanism by itself is not sufficient for free competition in the operating system market, but it's a necessary first step that we must take as soon as possible."

FSFE hopes that the Milan Court will decide that the the complaint is admissible, and that ADUC's class action will be successful. FSFE's Italian country team offers its support to ADUC in order to inform and reach out the widest possible number of those consumers who would like to make use of their rights.

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About the Free Software Foundation Europe

The Free Software Foundation Europe (FSFE) is a non-profit non-
governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issue
of the FSFE.